Thomas Jefferson Quotes About Judging
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One single object . . . [will merit] the endless gratitude of the society: that of restraining the judges from usurping legislation.
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For Heaven's sake discard the monstrous wig which makes the English judges look like rats peeping through bunches of oakum.
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The objects of this primary education . . . would be . . . to form the statesmen, legislators and judges, on whom public prosperity and individual happiness are so much to depend.
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The question whether the judges are invested with exclusive authority to decide on the constitutionality of a law has been heretofore a subject of consideration with me in the exercise of official duties. Certainly there is not a word in the Constitution which has given that power to them more than to the Executive or Legislative branches.
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History by apprising them [the people] of the past will enable them to judge of the future. . . . It will qualify them as judges of the actions and designs of men: it will enable them to know ambition under every disguise it may assume; and knowing it, to defeat its views.
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No person shall be restrained of his liberty but by regular process from a court of justice, authorized by a general law. . . . On complaint of an unlawful imprisonment to any judge whatsoever, he shall have the prisoner immediately brought before him and shall discharge him if his imprisonment be unlawful. The officer in whose custody the prisoner is shall obey the order of the judge, and both judge and officer shall be responsible civilly and criminally for a failure of duty herein.
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I enclose to you a copy of the declaration of independence as agreed to by the House, and also, as originally framed. You will judge whether it is the better or worse for the Critics.
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The government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers.
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The whole body of the nation is the sovereign legislative, judiciary, and executive power for itself. The inconvenience of meeting to exercise these powers in person, and their inaptitude to exercise them, induce them to appoint special organs to declare their legislative will, to judge and to execute it. It is the will of the nation which makes the law obligatory.
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History teaches the young the virtues of freedom. By apprising them of the past it will enable them to judge the future.
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I have indeed two great measures at heart, without which no republic can maintain itself in strength: 1. That of general education, to enable every man to judge for himself what will secure or endanger his freedom. 2. To divide every county into hundreds, of such size that all the children of each will be within reach of a central school in it.
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It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and as they would be the sole judges of the good or evil, it would be also a power to do whatever evil they please . . . . Certainly no such universal power was meant to be given them. It [the Constitution] was intended to lace them up straightly within the enumerated powers and those without which, as means, these powers could not be carried into effect.
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If once the people become inattentive to the public affairs, you and I, and Congress and Assemblies, Judges and Governors, shall all become wolves. It seems to be the law of our general nature, in spite of individual exceptions.
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[T]he opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves, in their, own sphere of action, but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch.
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It has been thought that the people are not competent electors of judges learned in the law. But I do not know this to be true, and, if doubtful, we should follow principle.
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The juries are our judges of all fact, and of law when they choose it.
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If the question [before justices of the peace] relate to any point of public liberty, or if it be one of those in which the judges may be suspected of bias, the jury undertake to decide both law and fact.
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As, for the safety of society, we commit honest maniacs to Bedlam, so judges should be withdrawn from their bench, whose erroneous biases are leading us to dissolution. It may indeed injure them in fame or in fortune; but it saves the republic, which is the first and supreme law.
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Knowing that religion does not furnish grosser bigots than law, I expect little from old judges.
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It is left... to the juries, if they think the permanent judges are under any bias whatever in any cause, to take on themselves to judge the law as well as the fact. They never exercise this power but when they suspect partiality in the judges; and by the exercise of this power they have been the firmest bulwarks of English liberty.
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To consider judges as the ultimate arbiters of all constitutional questions is a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.
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That the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction; and that a nullification, by those sovereignties, of all unauthorized acts done under colour of that instrument, is the rightful remedy.
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The best (remedy) I can devise would be to give future commissions to (federal) judges for six years with a re-appointability by the President with the approbation of both houses. If this would not be independence enough, I know not what would be.
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Laws ... proportionate and mild should never be dispensed with. Let mercy be the character of the law-giver, but let the judge be a mere machine.
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In the legislature, the House of Representatives is chosen by less than half the people, and not at all in proportion to those who do choose. The Senate are still more disproportionate, and for long terms of irresponsibility. In the Executive, the Governor is entirely independent of the choice of the people, and of their control; his Council equally so, and at best but a fifth wheel to a wagon. In the Judiciary, the judges of the highest courts are dependent on none but themselves.
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Our judges are as honest as other men and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps.
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